126 LAWS OF MARYLAND. [CH. 101

judges shall fail to appear and qualify or to open the polls
at the hour when same should be opened, or to perform
any of the duties required of them as such judges, unless
excused before time of opening the polls by the Mayor, then
the judge or judges so failing to qualify or open the polls as
aforesaid, or to perform any of the duties required of them as
such judges or as clerk, unless incapacitated by sickness, shall
be deemed guilty of a misdemeanor, and on conviction after
indictment shall be fined not less than fifty dollars nor more
than five hundred dollars and be committed to the County
Jail until the fine and costs are paid, or both fined and sen-
tenced to the House of Correction for not less than three nor
more than twelve months, at the discretion of the Court.

In case any or all of the judges so appointed shall fail
to qualify or be present at the opening of the polls at any
such election, then the mayor may at once appoint another
person or persons to act in the place of the one or ones not
qualifying or present, then the judge or judges present shall
appoint from the voters present at the opening hour at the
poll room some qualified person or persons to act as judge
in the place of the one or ones not qualified or present, and
the judges present or one of them may administer the other
required to the one or ones so appointed. And in case that
none of the judges are present at the time for the opening of
the polls at such election, then the qualified voters who are
present shall select six of their number who shall qualify and
act as judges of said election, subject to all the provisions
and penalties herein. The judges shall keep the polls open
from 7 o'clock A. M. to 7 o'clock P. M.; they shall within
two days of the election return under their hands and seals
the number of votes cast for each person and for what
office or object, together with the ballots, taken in sealed
packages to the Clerk of the Circuit Court for Wicomico
County, who shall record said returns and preserve said bal-
lots for at least two months; the Clerk shall issue certificates
of election to the persons appearing by said return to have
received the largest number of votes; said certificates shall
be recorded in the proceedings of said Council. Should the
Mayor wilfully fail to perform any of his duties under this
section he shall be deemed guilty of a misdemeanor, and on
conviction be fined not less than twenty-five dollars and costs,
and be committed to the County Jail until paid, or both, at
the discretion of the Court. All the judges of election under
this Act, whether appointed by the Mayor or otherwise, are
hereby declared subject to the provisions and penalties of this
section. All offenses hereunder to be prosecuted under indict-
ment in the Circuit Court for Wicomico County, the fines to